The opinion
McGREGOR W. SCOTT
1
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
3 Social Security Administration
ELLINOR R. CODER, CSBN 258258
4
Special Assistant United States Attorney
5 160 Spear Street, Suite 800
San Francisco, California 94105
6 Telephone: (415) 977-8955
Facsimile: (415) 744-0134
7
E-Mail: Ellinor.Coder@ssa.gov
8 Attorneys for Defendant
9 UNITED STATES DISTRICT COURT
10 EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
11
12 ) Case No.: 1:18-cv-01361-SKO
DAVID GROM, )
13 ) STIPULATION FOR THE AWARD AND
Plaintiff, ) PAYMENT OF ATTORNEY FEES AND
14 ) EXPENSES PURSUANT TO THE EQUAL
vs. ) ACCESS TO JUSTICE ACT; ORDER
15 ANDREW SAUL, )
Commissioner of Social Security, )
16 )
)
17 Defendant. )
)
18
19 IT IS HEREBY STIPULATED by and between the parties through their undersigned
20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and
21 expenses in the amount of five-thousand, one hundred and forty-five dollars and sixty-nine
22 cents ($5,145.69) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This
23 amount represents compensation for all legal services rendered on behalf of Plaintiff by
24 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).
25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider
26 the matter of [Plaintiff]’s assignment of EAJA fees to Plaintiff’s Counsel. Pursuant to Astrue
27 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the
28 assignment will depend on whether the fees are subject to any offset allowed under the United
1 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered,
2 the government will determine whether they are subject to any offset.
3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury
4 determines that Plaintiff does not owe a federal debt, then the government shall cause the
5 payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment
6 executed by Plaintiff (Dkt. 25-3 at 3-5). Any payments made shall be delivered to Counsel.
7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
8 attorney fees, and does not constitute an admission of liability on the part of Defendant under
9 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release
10 from, and bar to, any and all claims that Plaintiff and/or Counsel including Counsel’s firm may
11 have relating to EAJA attorney fees in connection with this action.
12 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek
13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
14 provisions of the EAJA.
15
Respectfully submitted,
16
Dated: August 21, 2020
17 By: /s/ Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
18
* By email authorization on August 21, 2020
19 Attorneys for Plaintiff
20 Dated: August 21, 2020 McGREGOR W. SCOTT
United States Attorney
21
DEBORAH LEE STACHEL
22 Regional Chief Counsel, Region IX
Social Security Administration
23
24 By: /s/ Ellinor R. Coder
ELLINOR R. CODER
25 Special Assistant U.S. Attorney
26 Attorneys for Defendant
27
28
ORDER
1
2 Based upon the parties’ above stipulation, for good cause shown, attorney’s fees in the
3 amount of five thousand one hundred and forty-five dollars and sixty-nine cents ($5,145.69)
4
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) shall be awarded to Plaintiff
5
subject to the terms of the stipulation. In light of this stipulation, Plaintiff’s “Motion for
6
Attorneys Fees and Expenses Under the Equal Access to Justice Act,” (Doc. 25), is denied as
7
8 moot.
9
10
IT IS SO ORDERED.
11
Sheila K. Oberto
12
Dated: August 24, 2020 /s/ .
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28